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STATE v. McDANIELS

57,372

237 Kan. 767 (1985)

703 P.2d 789

STATE OF KANSAS, Appellant, v. JEFFREY ALLEN McDANIELS, Appellee.

Supreme Court of Kansas.

Opinion filed July 26, 1985.

Attorney(s) appearing for the Case

Jerry Wells, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, Jerry L. Harper, district attorney, and Kathryn Welch, legal intern, were on the brief for the appellant.

Harry E. Warren, of Lawrence, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action by the State from the trial court's order denying the State's motion to rescind its diversion agreement with the defendant. We hold this court is without jurisdiction and dismiss the appeal.

On January 25, 1984, Jeffrey McDaniels (defendant-appellee), Dwight Thuro, and Thomas Green were arrested for stealing four tires and wheels from a pickup truck belonging...

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